Decision 1420S – State of California (Department of General Services)

SA-CE-1276-S

Decision Date: February 26, 2001

Decision Type: PERB Decision

Description: The Board dismissed the unfair practice charge. The charge alleged that the employer violated EERA by refusing to provide requested information and by taking reprisals against the charging party.

Disposition: Dismissed. The employer has no duty to provide an individual employee with information requested by the exclusive representative. The remainder of the charge is deferred to the parties’ contractual grievance procedure.

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Perc Vol: 25
Perc Index: 32039

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

Duty to bargain in good faith is not owed to employees and an individual employee therefore lacks standing to bring a charge regarding a failure to bargain.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

No obligation under the Dills Act that the State provide an individual employee with information requested by employees' exclusive representative.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Duty to bargain in good faith is not owed to employees and an individual employee therefore lacks standing to bring a charge regarding a failure to bargain.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Alleged illegal reprisal of State's direction to Union to not release information to individual employee covered by the grievance machinery of the parties' collective bargaining agreement and allegations must be deferred to contractual grievance procedure.